Tuesday, 24 November 2020

Questions (52)

Denis Naughten

Question:

52. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage if the taking in charge of housing estates process will be reviewed; and if he will make a statement on the matter. [38207/20]

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Written answers (Question to Housing)

Section 180 of the Planning and Development Act 2000, as amended provides for the taking in charge of housing developments by local authorities. The legislation sets out the process to be followed when a development is considered to have been satisfactorily completed, as well as where it has not been completed to the satisfaction of the planning authority.

The Planning and Development (Amendment) Act 2018 made some amendments to the relevant provisions to further strengthen and streamline the taking-in-charge process. This included that planning authorities are required to have specific regard to previous developments by a developer which have not been satisfactorily completed as well as any previous convictions against the developer for non-compliance with the Planning Act, the Building Control Act 2007 and the Fire Services Act 1981, when assessing and determining new applications. Furthermore, section 35 of the Act - which relates to refusal of planning permissions for past failures - has been strengthened to empower the refusal of planning permission in situations where a developer has previously left an estate unfinished under one company name and then applies for permission for a new development under a different company name.

I have no plans to make further amendments to the section 180 taking-in-charge provisions of the Act at this time.